36C24624R0030_1.docx

1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

3. DATE ISSUED

PAGE OF PAGES

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

a. NAME

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)

STANDARD FORM 1442

Prescribed by GSA-FAR (48 CFR) 52.236-1(d)

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION

SOLICITATION

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SEALED BID (IFB)

NEGOTIATED (RFP)

11. The Contractor shall begin performance within ____________ calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See _____________________________).

YES

NO

a.

Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.

b.

An offer guarantee is, is not required.

c.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d.

Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

36C24624R0030 X 11-12-2024 565-20-101 Department of Veterans Affairs Network Contracting Office 6 201 Hay Street, Suite 305 Fayetteville NC 28301 Department of Veterans Affairs Network Contracting Office 6 201 Hay Street, Suite 304 Fayetteville NC 28301 Wayne Goodmond 910.824.9189

THE DEPARTMENT OF VETERANS AFFAIRS HAS A CONSTRUCTION REQUIREMENT TO REMOVATE HISTORIC BUILDING 4 AT THE FAYETTEVILLE VA MEDICAL CEHTER IN ACCORDANCE WITH THE DRAWINGS AND SPECIFICATIONS.

THE NACICS CODE IS 236220 AND A SMALL BUSINESS SIZE STANDARD OF $45M. THIS PROCUREMENT IS A 100% SET-ASIDE

FOR SERVICE DISABLED, VETERAN-OWNED SMALL BUSINESS (SDVOSB) CONCERNS.

MAGNITUDE OF CONSTRUCTION: IAW WITH VAAR 836.204: RANGE BETWEEN $5,000,000 AND $10,000,000.

SITE VISIT: NOVEMBER 19, 2024 AT 10:00 AM EST. BUILDING 45, MAIN LOBBY.

REQUEST FOR INFORMATION DUE: NOVEMBER 26, 2024 NOT LATER THAN (15:00) 3:00 PM EASTERN.

PROPOSAL DUE DATE: DECEMER 13, 2024 - NOT LATER THAN (15:00) 3:00 PM EASTEERN STANDARD TIME.

OFFORERS MUST COMPLETE VAAR 852.219-76, VA NOTICE OF LIMITATIONS ON SUBCONTRACTING- CERTIFICATE OF COMPLIANCE FOR

SERVICES AND CONSTRUCTION, UPON SUBMISSION OR WILL BE CONSIDERED NON-RESPONSIVE

X X 52.211-10 X 15:00

EST

12-13-2024 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( 41 U.S.C. 3304(a) (

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

Your Contractor agrees offer on this solicitation is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work requirements identified award consummates the contract, which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.

shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31a. NAME OF CONTRACTING OFFICER

TO SIGN

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. AWARD DATE

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

(Include ZIP Code) (Include area code) (Include only if different than Item 14.)

(Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each) (Type or print) (4 copies unless otherwise specified) (Type or print) (Type or print) (Contractor is required to sign this document and return _______ copies to issuing office.)

(Contractor is not required to sign this document.)

(Must be fully completed by offeror) (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

Department of Veterans Affairs Network Contracting Office 6 201 Hay Street, Suite 305 Fayetteville NC 28301 Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971 512-460-5049 512-460-5221

Table of Contents

Statement of Proposal Items

The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within one-hundred and twenty (120) calendar days after the date offers are due.

Contract completion time: Five Hundred and Forty-five (545) calendar days after Notice to Proceed (NTP)

PROPOSAL ITEM I (SITE WORK): $_____________________________________

Work includes general construction, alterations, necessary removal of existing structures and construction millwork, permanently mounted equipment, interior finishes, and certain other items.

PROPOSAL ITEM II (BUILDING RENOVATION) $_____________________________

Work includes all labor, material, equipment and supervision to perform the required electrical construction work on this project including lighting, controls, power, telecommunications, safety and security.

PROPOSAL TOTAL ITEMS I, II: $_________________________________________

PROPOSAL ALTERNATES: PROPOSAL ALTERNATES ARE TO BE DEDUCTED FROM PROPOSAL ITEM II – BUILDING RENOVATION.

PROPOSAL ITEM III (DEDUCT ALT 1): $ ___________________________

Work includes all labor, material, equipment and supervision to perform the required Basement Finishes.

PROPOSAL ITEM IV (DEDUCT ALT 2): $ ___________________________

Work includes all labor, material, equipment and supervision to perform the required Replace Wood Plank for ACT

PROPOSAL ITEM IV (DEDUCT ALT 3): $ ___________________________

Work includes all labor, material, equipment and supervision to perform the required for Sealed Concrete in Basement and Utility Areas

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Renovate Historic Building 4: Site Work

Renovate Historic Building 4: Building Renovation

Renovate Historic Building 4: Deduct Alt 1

Basement Finishes

Renovate Historic Building 4: Deduct Alt 2

Replace Wood Plank for ACT

Renovate Historic Building 4: Deduct Alt 3

Sealed Concrete in Basement and Utility Areas

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

SUBMISSION OF BIDS

The bidder shall submit the following in response to this Invitation for Bids:

(a) A completed and signed Standard Form 1442.

(b) A completed copy of the Representations and Certifications (See FAR 52.204-8 Annual Representations and Certifications (MAR 2012)).

(c) A fully executed bid bond.

(d) Documentation of their safety record.

(e) All forms and/or certifications as directed in the solicitation, including the specifications.

NOTE: Email all required documents to wayne.goodmond@va.gov To be considered and accepted as timely the submission must be uploaded in its entirety prior to the deadline. Failure to provide a proposal in its entirety prior to the deadline will render the proposal noncompliant.

BID DUE DATE: DECEMBER 13, 2024 – 3:00 PM EASTERN

BASIS FOR AWARD: This is a competitive Best Value Tradeoff (Tradeoff) source selection in which technically acceptable competing Offerors will be assigned a Past Performance Confidence Assessment Rating and will then be evaluated for Price fairness and reasonableness. All evaluation factors other than price, when combined, are significantly more important than price alone. The government reserves the right to award a contract to other than the lowest priced offer if the lowest priced Offeror is determined to have a performance confidence assessment of "Satisfactory Confidence" or lower. In that event, the Source Selection Authority shall make an integrated assessment best value award decision, where the perceived benefits of the higher priced proposal, and the rationale for tradeoffs, shall be documented in the contract file in accordance with FAR 15.406.

(A) GENERAL INSTRUCTIONS:

1. All proposal preparation cost will be the sole responsibility of the Offeror. The Government will not reimburse any firm for their proposal preparation cost.

2. The price, technical response and past performance of each Offeror will be evaluated independently. Offerors shall separately document each of the three factors. Each of the three offer sections shall therefore be labeled with the Offerors name, business address, and VA Solicitation Number.

3. To assure timely and equitable evaluation of proposals, Offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including these instructions, the terms and conditions, representations and certifications, and technical and past performance requirements. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.

The offer shall consist of two (2) separate parts:

• Volume I - TECHNICAL CAPABILITY Offerors are required to submit for each of sub factors:

· Experience

· Management & Safety Plan and Key Personnel

· Past Performance

• Volume II - PRICE

(B) SPECIFIC INSTRUCTIONS

1. VOLUME I - TECHNICAL PROPOSAL - Submit electronic PDF document(s) by email.

Factor 1 - EXPERIENCE

The offeror shall Submit five (5) construction projects that best demonstrates the offeror’s experience on projects that are similar in size, scope, and complexity to this RFP. The projects must demonstrate an offeror’s recent and relevant construction experience as a prime construction contractor directly responsible to the owner and managing multiple subcontractors. Projects relevant to this requirement are construction work at a fully operational hospital or medical facility with a minimum value of $5,000,000 that were 100% completed no more than seven (7) years prior to the issuance of this RFP.

Projects submitted must include the following information:

· Project Title, Project Location (Physical Address), and contract ID number if applicable

· Project owner name and contact information (mailing address, phone number, and email address)

· A description of the scope of work that fully outlines all work accomplished. Indicate whether or not the offerors company was the prime contractor and what work was performed by the prime contractor.

· Project prime contractor and major subcontractors

· Project statistics, including start and completion dates (original vs. actual) and project cost (original vs. actual). If original vs. actual completion dates and project cost differ, shall provide an explanation as to why they differ (list mods, titles, and amounts).

Factor 2 - MANAGEMENT AND SAFETY PLAN WITH KEY PERSONNEL Offerors shall provide a detailed management and safety plan that thoroughly indicates their ability to manage this project per federal safety requirements. This plan must cover the firm’s management structure, accident prevention and safety plan and explanations of all key personnel in the firm and their role as it would relate to this project, detailed descriptions of the firm’s corporate approach to safety, quality control, accident prevention and site security. How the firm’s management interacts with the VA contract and projects personnel.

The Offeror shall provide a resume for each of the following key personnel: Project Manager, Site Superintendent and Site Safety and Health Officer (SSHO) that will be working on the project. Also provide information on any major subcontractors. For each resume, the information must clearly indicate the persons years of experience and ability to handle projects of similar scope and complexity. Include company name; the name of the individual; relevant listing of experience; qualifications such as specialized training, education, experience, durations etc. For any subcontractors identified, provide a resume for that company, identify any key personnel that will be assigned to the contract resulting from this solicitation, and the relevant experience of both the company and any key personnel that were identified. Delineate the approximate percentage of work the prime contractor will perform and the approximate percentage of work the subcontractors (collectively) will perform. The VA will use the information provided to evaluate, among other things, specialized experience and competence.

Factor 3 – PAST PERFORMANCE

Offerors will be required to submit the information on past performance for all projects provided under experience.

If a completed past performance evaluation is available in the Past Performance Information Retrieval System (PPIRS), it shall be submitted with the proposal for each project referenced for Past Performance. If there is not a completed past performance evaluation available in PPIRS, then the Offeror shall submit a Past Performance Questionnaire (PPQ) for each project referenced for Experience. The Offeror shall notify their client that the PPQ shall be submitted via email to the Government’s point of contact, Wayne.Goodmond@va.gov. If the offeror is unable to obtain a completed PPQ from a client for a project before proposal closing date, the offeror shall complete and submit with the proposal the first page of the PPQ, which will provide contract and client information for the respective project.

2. VOLUME II - PRICE PROPOSAL - Submit electronic PDF document(s) by email.

The offeror shall submit the following in response to this Request for Proposals:

(a) A completed and signed Standard Form 1442. Contractor must acknowledge all amendments with submission of proposal.

(b) A completed copy of the Representations and Certifications (See FAR 52.204-8 Annual Representations and Certifications (MAR 2012)).

(c) A fully executed bid bond.

(d) Itemized Schedule of Values Cost breakdown NOTE 1: Offerors must submit an itemized breakdown of costs (Attachment A) to include an Itemized Schedule of Values Cost breakdown for Base, Alternative 1 and Alternative 2 in sufficient detail to permit a complete analysis of labor burden, materials, equipment, transportation, supervision, disposal costs, overhead and profit and shall cover all work involved in accordance with (IAW) Statement of Work (SOW). If Itemized Schedule of Values Cost breakdown is not provided, offerors' proposal may be deemed non-responsible.

NOTE 2: Copies of all subcontractor quotes are required.

All Bidders/Offerors shall submit the following information pertaining to their past Safety and Environmental record with their bid.

1. A self-certification on company letterhead that the bidder has no more than three (3) serious, or one (1) repeat or one (1) willful OSHA or any EPA violation(s) in the past three years. Bidders shall submit copies of their OSHA logs (OSHA Form 300A) for the past three years with their bid. If the firm has been in business for less than three years, they shall submit copies of their OSHA logs for the period of time they have been in business.

2. Information regarding their current Experience Modification Rate (EMR) equal to or less than 1.0. This information shall be obtained from the bidder’s/offeror’s insurance company and be furnished on the insurance carrier’s letterhead.

Self-insured contractors or other contractors that cannot provide their EMR rating on insurance letterhead must obtain a rating from the National Council on Compensation Insurance, Inc. (NCCI) by completing/submitting form ERM-6 and providing the rating on letterhead from NCCI. Note: Self-insured contractors or other contractors that cannot provide EMR rating on insurance letterhead from the states or territories of CA, DE, MI, NJ, ND, OH, PA, WA, WY, and PR shall obtain their EMR rating from their state run worker’s compensation insurance rating bureau.

NOTE: Failure to submit this documentation with the bid shall be grounds for rejection of the bid as non-compliant.

DESCRIPTION OF WORK: See “Statement of Work”.

COST RANGE: $5,000,000.00 - $10,000,000.00

NAICS: The NAICS Code for this procurement is 236220, Commercial and Institutional Building Construction, with a maximum small business size standard of $45 million.

COMPLETION TIME: All work shall be completed within Five Hundred Fourty-Five (545) calendar days from receipt of the Notice to Proceed.

SDVOSB SET-ASIDE: This procurement is 100% set-aside for Service-Disabled, Veteran-Owned Small Business (SDVOSB). Bids are solicited only from SDVOSB concerns and bids received from concerns that are not SDVOSB concerns shall be rejected. In order to be considered, the firm must be shown in the www.veterans.certify.sba.gov website as verified at the time of submission of their bid.

CONTRACTOR RESPONSIBILITY: Contractor shall be required to complete all contract work and schedule a final inspection within the specified contract performance period. Should the Contractor fail to complete the contract work (including scheduling of the final inspection), and it is determined by the Government to be a Contractor-caused delay, the Contractor shall be in default status. If the Government determines it to be in the best interest of the Government to allow the Contractor to continue to perform contract work, the Contractor shall provide equitable consideration to the Government for additional time granted for completion of contract work. Such agreement shall not be deemed a waiver of the Government’s right to terminate this contract in the event the Contractor fails to complete the contract work (including scheduling of the final inspection) on or before the completion date.

REQUIRED CERTIFICATION: THE CERTIFICATION CITED AT 852.219-75, VA NOTICE OF LIMITATIONS ON SUBCONTRACTING – CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION) – This certification is required to be completed and accompany your submitted bid. Failure to complete may cause your bid to be determined non-Responsive.

TRAINING: All employees of the general contractor and subcontractors shall have the 10-hour OSHA certified construction safety course and/or other relevant competency training, as determined by the COR with input from the ICRA (Infection Control Risk Assessment) team. The General Contractor’s competent person shall have completed the 30-hour OSHA certified construction safety course. Documentation of training shall be submitted to the Contracting Officer for review and approval prior to any work being performed. No ID badge will be issued to an employee who does not provide this documentation. There shall be no exceptions to this requirement.

TB TESTING:

In accordance with VHA Directive 2011-036, CEOSH Construction Safety Guidebook, 2012 1.1.1 VHA Policy, CDC 2005 Guidelines for Preventing the Transmission of Mycobacterium tuberculosis in Health-Care Settings.

(a) The contractor must provide written certification that all contract employees assigned to the work site have had a pre-placement tuberculin screening within 90 days prior to assignment to the worksite and been found have negative TB screening reactions. Contractors will be required to show documentation of negative TB screening reactions for any additional workers who are added after the 90-day requirement before they will be allowed to work on the work site.

NOTE: This can be the Center for Disease Control (CDC) and Prevention and two-step skin testing or a Food and Drug Administration (FDA)-approved blood test.

(b) Contract employees manifesting positive screening reactions to the tuberculin must be examined according to current CDC guidelines prior to working on VHA property.

(c) Subsequently, if the employee is found without evidence of active (infectious) pulmonary TB, a statement documenting examination by a physician must be on file with the employer (construction contractor), noting that the employee with a positive tuberculin screening test is without evidence of active (infectious) pulmonary TB.

(d) If the employee is found with evidence of active (infectious) pulmonary TB, the employee would require treatment with a subsequent statement to the fact on file with the employer before being allowed to return to work on VHA property.

PRE-BID CONFERENCE: NOVEMBER 19, 2024. 10:00 AM : BLDG. 45 LOBBY

All potential bidders, subcontractors, and suppliers are strongly encouraged to attend this pre-bid conference.

KEYS: All keys provided the Contractor for use during the project shall be returned to the Contracting Officer's Representative (COR) at completion of the work or upon request. No keys shall be reproduced by the Contractor. There shall be a charge of $10.00 for each key that is lost or not returned to the COR. Payment shall be made to the VA Medical Center, Fayetteville, North Carolina upon receipt of a Bill of Collection.

PREPARATION OF BIDS/OFFERS/PROPOSALS: Neither the VAMC nor the VISN 6 NCO will pay for any costs incurred in preparation and submission of bids or proposals.

PRIVACY AND CONFIDENTIALITY: Contractors to the Department of Veteran Affairs may be unintentionally exposed to sensitive information. Information may be overheard, seen on documents or electronic devices, or observed that could potentially violate the privacy and confidentiality of our veterans, employees, volunteers, and their families. Regulations such as, but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Freedom of Information Act (FOIA) and Privacy Act of 1974 have been enacted to protect sensitive information from being improperly disclosed. Information should not be divulged or released to anyone unless specifically authorized by this contract or its’ attached documents in accordance with the contracted services. Failure to comply with applicable statutes and regulation can result in the termination of this contract and civil and criminal penalties, including fines and imprisonment. All suspected or actual breeches of privacy and confidentiality should be reported immediately to the Contracting Officer, Contracting Officer’s Representative (COR) or the Facility Privacy Officer.

The C&A requirements do not apply and a Security Accreditation Package is not required. If the contractor opts to use a computer or computer system for processing contract documents, the requirements of FIPS 140-2 for encryption of contract documents must be met.

VETS 4212: As legislatively mandated under 38 U.S. Code Section 4212, codified at 41 CFR 61-300, contractors and subcontractors who enter into, or modify a contract or subcontract with the federal government, and whose contract meets the criteria set forth in the above legislation / regulations, are required to report annually on their affirmative action efforts in employing veterans. Data reported through form VETS-4212 is used by OFCCP in compliance evaluations. Submission of the VETS 4212 reporting information can be done electronically at: https://www.dol.gov/agencies/vets/programs/vets4212. Award cannot be made unless the awardee has filed their VETS 4212 report. Therefore, all offerors are encouraged to file every year.

SYSTEM FOR AWARD MANAGEMENT (SAM): Federal Acquisition Regulations require that federal contractors register in the System for Award Management (SAM) database at http://www.sam.gov and enter all mandatory information into the system. Award cannot be made until the contractor has registered. Bidders are encouraged to ensure that they are registered in SAM prior to submitting their bid.

RENOVATION SITE VISUAL CAN BE SEEN AT THE LOCATIONS LISTED BELOW: THIS DOES NOT ABSOLVE PROPOSERS OF VISITING THE SITE.

Basement, 1st Floor and 2nd Floor https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fmy.matterport.com%2Fshow%2F%3Fm%3DCXuvDrQt3Zx&data=05%7C01%7C%7Cef83d5f28c0e485fc7a508dbb94140f9%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C638307462133036048%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=FhN2%2Fa1immJzMpuszaCMWG31fJ97xGNz1%2Fy4%2BC6EuKE%3D&reserved=0 Note: Rooms 203 and 205 were not scanned. See pictures for those two rooms.

Attic https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fmy.matterport.com%2Fshow%2F%3Fm%3DB5btLfBr1UH&data=05%7C01%7C%7Cef83d5f28c0e485fc7a508dbb94140f9%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C638307462133036048%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=7InSrfeUXzWSI81eI6EjCoVeUCs4X3XwWwDSLI23YpQ%3D&reserved=0

Outside https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fmy.matterport.com%2Fshow%2F%3Fm%3DLLnN6KvfvLs&data=05%7C01%7C%7Cef83d5f28c0e485fc7a508dbb94140f9%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C638307462133036048%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=o8DUDUkq4YE76sL%2FM2aiauL5q2SWbt9APZxSq2VqklQ%3D&reserved=0

A.4 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

(a) All actual and potential offerors are encouraged to provide feedback on the preaward and debriefing processes, as applicable. Feedback may be provided to agencies up to 45 days after award. The feedback is anonymous, unless the participant self-identifies in the survey. Actual and potential offerors can participate in the survey by selecting the following link: https:// www.acquisition.gov/360.

(b) The Contracting Officer will not review the information provided until after contract award and will not consider it in the award decision. The survey is voluntary and does not convey any protections, rights, or grounds for protest. It creates a way for actual and potential offerors to provide the Government constructive feedback about the preaward and debriefing processes, as applicable, used for a specific acquisition.

(End of Clause)

A.5 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2024)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $45 Million.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services—Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of biobased products in USDA-designated product categories; or include the clause at 52.223-2, Reporting of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation. This provision applies to solicitations that include the clause at 52.204-7.

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates II and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $100,000, the provision with its Alternate II applies.

(C) If the acquisition value is $100,000 or more but is less than $102,280, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[X] (i) 52.204-17, Ownership or Control of Offeror.

[X] (ii) 52.204-20, Predecessor of Offeror.

[] (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

[] (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Certification.

[] (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Certification.

[] (vi) 52.227-6, Royalty Information.

[] (A) Basic.

[] (B) Alternate I.

[] (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of Provision) A.6 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition.

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(c) Procedures. (1) The Offeror shall search for the phrase ‘‘FASCSA order’’ in the System for Award Management (SAM)(https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).

(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).

(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:

(1) Name of the product or service provided to the Government;

(2) Name of the covered article or source subject to a FASCSA order;

(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;

(4) Brand;

(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(6) Item description;

(7) Reason why the applicable covered article or the product or service is being provided or used;

(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

(End of Provision)

A.7 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) Definitions. As used in this provision— "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

"Federal contracts and grants with total value greater than $10,000,000" means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

"Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of Provision) A.8 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—CERTIFICATION (NOV 2021)

(a) This provision does not apply to acquisitions at or below the simplified acquisition threshold or to acquisitions of commercial products and commercial services as defined in Federal Acquisition Regulation 2.101.

(b) Certification. [Offeror shall check either (1) or (2).] _____ (1) The Offeror certifies that—

(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President’s or Secretary of State’s determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament…